Federal Court of Australia
Federal Court of Australia
Remta v Baker (Executrix) [2022] FCA 1485 Appeal from: Baker, as Executrix of the Will of Glenn William Baker v Remta (Federal Circuit and Family Court of Australia (Division 2)), PEG 169 of 2021, orders dated 22 November 2022
File number: WAD 252 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 9 December 2022
Catchwords: BANKRUPTCY AND INSOLVENCY - where appeal filed from order confirming sequestration order - interlocutory application in the appeal - application for stay of proceedings under sequestration order - where bankrupt a director of company and seeks stay so as to manage significant project being undertaken by company - whether bankruptcy disqualifies the bankrupt from managing companies under the Corporations Act 2001 (Cth) during any stay of proceedings - insufficient evidence from which to assess prospects of success of appeal - where no reasons published by primary judge on review - where open to bring application under s 206G of the Corporations Act - where balance of convenience does not support stay - stay application dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 43, 52, 58 Corporations Act 2001 (Cth) ss 201B, 206B, 206G, 206GAB, Part 2D.6 Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Du Bray v ACW [2020] FCA 1142 Endresz v Australian Securities and Investments Commission [2014] FCA 1139 Frigger, in the matter of an application by Frigger [2019] FCA 1730 Macalister, in the matter of an application by Macalister [2021] FCA 1455 Mehajer v Weston (Trustee), in the matter of Mehajer [2018] FCA 608 Ritson v Commissioner of Police (NSW) [2021] FCAFC 208 Watts, in the matter of Watts [2011] FCA 1185
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